Sandeep v. State of U.P.
Case brief
What is this about?
Court granted bail to applicant Sandeep accused of dowry death under Sections 498-A and 304-B IPC and Dowry Prohibition Act, permitting personal bond and sureties subject to trial conditions.
What did the court decide?
Release of applicant on personal bond and two sureties with conditions to cooperate in trial, not tamper evidence, and not indulge in unlawful activities.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13432 of 2019
Applicant :- Sandeep Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being Jeth of deceased; that as per averments made in F.I.R. lodged on 26.11.2018 by Chhotey Singh, his daughter Kajal Devi was married to Rahul on 28.3.2017 and since after marriage, she was being treated with cruelty for non fulfilment of demand of dowry, despite metro rickshaw was given, apart from cash several times on the demand of Rahul and after fetching her from maika about 03 days back, her dowry death has been committed on 26.11.2018; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that applicant was living separately with separate fooding in the same house; that as per post mortem report cause of death is due to asphyxia as a result of anti mortem hanging and there is no other injury on her person, except ligature mark; that applicant did not cause dowry death of deceased; that in his statement under section 161 Cr.P.C. Rahul, the husband of deceased has narrated the facts about quarrel between him and deceased; that on account of quarrel between husband and wife, deceased may have been hanged to death or could have committed suicide, for which her husband is solely responsible; that case of applicant is distinguishable from Rahul, the husband of deceased; that co-accused Sonam (Jethani) has been granted bail by this Court vide order dated 29.3.2019 passed in Criminal Misc. Bail Application No.12627 of 2019, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 27.11.2018.
Issues for consideration
2 issues framed by the court
Whether the applicant Sandeep is eligible for bail in the dowry death case.
Whether the applicant is a fit case for bail considering the gravity of offence and complicity.
Parties & counsel
- applicant
Sandeep
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/13432/2019
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